For immigrants, a criminal charge can have far-reaching consequences that go beyond fines, probation or jail time. Some criminal offenses can affect a person’s ability to obtain a visa, become a lawful permanent resident or obtain U.S. citizenship.
One term that frequently comes up in immigration law is “crime involving moral turpitude” (CIMT). There is no singular list of offenses that qualify. It depends on the nature of the offense, the applicable law and how it’s interpreted.
Why does a CIMT matter for immigration?
CIMTs are usually described as offenses that go against society’s rules of honesty, decency or good behavior. They often involve conduct such as fraud, theft or intentional harm to another person.
However, the analysis is more complicated than whether a crime seems “bad.” An offense that sounds serious may not necessarily be a CIMT, while an offense that seems relatively minor could have significant consequences on a person’s immigration status.
Offenses that are likely to raise CIMT concerns include:
- Forgery
- Identity theft
- Tax fraud
- Aggravated assault
- Robbery
A CIMT can affect a person’s admission to the United States, their visa application, permanent resident status process or their path to citizenship. It can also result in deportation proceedings.
The consequences of a CIMT can also depend on factors such as the number of convictions, the sentence imposed and when the offense occurred. There are a couple of circumstances in which a person may avoid certain immigration consequences despite having a conviction for a CIMT:
- The petty offense exception
- The youthful offender exception
A criminal charge and a criminal conviction aren’t necessarily treated the same way under immigration law. However, in some situations, conduct that didn’t result in a conviction can still create immigration concerns. Therefore, noncitizens should take criminal charges seriously. It’s wise to get experienced legal guidance.